Law

Health and Social Care (Community Health and Standards) Act 2003

United Kingdom · statute

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In force since 2023-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 211 provisions
  1. Title and introductory text
  2. 1 NHS foundation trusts
  3. 2 Independent Regulator of NHS Foundation Trusts
  4. 3 General duty of regulator
  5. 4 Applications by NHS trusts
  6. 5 Other applications
  7. 6 Authorisation of NHS foundation trusts
  8. 7 Effect of authorisation
  9. 8 Amendments of constitution
  10. 9 Variation of authorisation
  11. 10 Register of NHS foundation trusts
  12. 11 Power of Secretary of State to give financial assistance
  13. 12 Prudential borrowing code
  14. 13 Public dividend capital
  15. 14 Authorised services
  16. 15 Private health care
  17. 16 Protection of property
  18. 17 Financial powers
  19. 18 General powers
  20. 19 Information
  21. 20 Entry and inspection of premises
  22. 22 Trust funds and trustees
  23. 23 Failing NHS foundation trusts
  24. 24 Voluntary arrangements
  25. 25 Dissolution etc.
  26. 26 Sections 24 and 25: supplementary
  27. 27 Mergers
  28. 28 Section 27: supplementary
  29. 29 Co-operation between NHS bodies
  30. 30 Public involvement and consultation
  31. 31 Patients' Forums
  32. 32 Commission for Patient and Public Involvement in Health
  33. 33 Taxation
  34. 34 Other amendments relating to NHS foundation trusts
  35. 35 Conduct of elections
  36. 36 Offence
  37. 37 Representative membership
  38. 38 Audit
  39. 39 General duty of NHS foundation trusts
  40. 40 Interpretation of Part 1
  41. 41 The Commission for Healthcare Audit and Inspection
  42. 42 The Commission for Social Care Inspection
  43. 43 Transfer of property etc to CHAI and CSCI
  44. 44 Abolition of former regulatory bodies
  45. 45 Quality in health care
  46. 46 Standards set by Secretary of State
  47. 47 Standards set by Assembly
  48. 47A Code of practice relating to health care associated infections
  49. 47B Consultation etc.
  50. 47C Effect of code under section 47A
  51. 48 Introductory
  52. 49 National performance data
  53. 50 Annual reviews
  54. 51 Reviews: England and Wales
  55. 52 Reviews and investigations: England
  56. 53 Failings
  57. 53A Failings in connection with code under section 47A: improvement notices
  58. 53B Code of practice: action by CHAI following service of improvement notice
  59. 54 Functions relating to Secretary of State and Assembly
  60. 55 Reviews of data
  61. 56 Co-ordination of reviews
  62. 57 Studies as to economy, efficiency etc
  63. 58 Additional functions
  64. 59 Criteria
  65. 60 Provision of material
  66. 61 Co-operation between CHAI and the regulator
  67. 62 Fees
  68. 63 Fees: Wales
  69. 64 Reports and information
  70. 65 Co-operation between CHAI and the Audit Commission
  71. 66 Right of entry
  72. 67 Right of entry: supplementary
  73. 68 Power to require documents and information etc
  74. 69 Power to require explanation
  75. 69A Provision of information by Auditor General for Wales
  76. 70 Reviews and investigations relating to Wales
  77. 71 Reporting to Secretary of State and regulator
  78. 72 Right of entry
  79. 73 Right of entry: supplementary
  80. 74 Power to require documents and information
  81. 75 Power to require explanation
  82. 76 Introductory
  83. 77 Information and advice
  84. 78 Review of studies and research
  85. 79 Annual reviews
  86. 80 Other reviews and investigations
  87. 81 Failings
  88. 82 Studies as to economy, efficiency etc
  89. 83 Joint working with Audit Commission
  90. 84 Additional functions
  91. 85 Criteria
  92. 86 Fees
  93. 87 Reports and information
  94. 88 Right of entry
  95. 89 Right of entry: supplementary
  96. 90 Power to require information etc
  97. 91 Power to require explanation
  98. 102 Transfer of functions to CHAI and CSCI
  99. 103 General functions of CHAI
  100. 104 General functions of CSCI
  101. 105 Fees
  102. 106 Meaning of “independent medical agency”
  103. 107 Children’s homes providing secure accommodation
  104. 108 Information and inspection
  105. 109 Assembly: duties relating to children
  106. 110 Boarding schools and colleges
  107. 111 Boarding schools and colleges: reports
  108. 112 Secure training centres
  109. 113 Complaints about health care
  110. 114 Complaints about social services: England
  111. 115 Complaints regulations: supplementary
  112. 116 Further consideration of representations under the Children Act 1989
  113. 117 Representations relating to special guardianship support services
  114. 118 Complaints about handling of complaints
  115. 119 Complaints: data protection
  116. 120 Co-operation etc
  117. 121 Reviews and investigations
  118. 122 Joint annual reviews
  119. 123 Power to assist
  120. 124 Arrangements with Ministers etc: CHAI
  121. 125 Arrangements with Ministers etc: CSCI
  122. 126 Arrangements with the Isle of Man and Channel Islands: CHAI
  123. 127 Arrangements with the Isle of Man and Channel Islands: CSCI
  124. 128 Reports: CHAI
  125. 129 Reports: CSCI
  126. 130 Duty to have regard to government policy: CHAI
  127. 131 Duty to have regard to government policy: CSCI
  128. 132 Failure in discharge of functions: CHAI
  129. 133 Failure in discharge of functions: CSCI
  130. 134 Inquiries: CHAI
  131. 135 Inquiries: CSCI
  132. 136 Disclosure of information obtained by CHAI
  133. 137 Section 136: defence
  134. 138 Information obtained by CHAI: supplementary
  135. 139 Information obtained by CSCI: supplementary
  136. 140 Code of practice: CHAI
  137. 141 Code of practice: CSCI
  138. 142 Annual reports of Assembly
  139. 143 Use by Welsh Ministers of information
  140. 144 Inquiries: Wales
  141. 145 Co-operation between Assembly and CHAI
  142. 145A Duties in connection with the Auditor General for Wales
  143. 146 Offences by bodies corporate
  144. 147 Minor and consequential amendments
  145. 148 Interpretation of Part 2
  146. 150 Liability to pay NHS charges
  147. 151 Applications for certificates of NHS charges
  148. 152 Section 151: supplementary
  149. 153 Information contained in certificates
  150. 154 Payment of NHS charges
  151. 155 Recovery of NHS charges
  152. 156 Review of certificates
  153. 157 Appeal against a certificate or a waiver decision
  154. 158 Appeal tribunals
  155. 159 Appeal to Social Security Commissioner
  156. 160 Provision of information
  157. 161 Use of information held by the Secretary of State or the Scottish Ministers etc.
  158. 162 Payment of NHS charges to hospitals or ambulance trusts
  159. 163 Regulations governing lump sums, periodical payments etc
  160. 164 Liability of insurers
  161. 165 Power to apply Part 3 to treatment at non-health service hospitals
  162. 166 The Crown
  163. 167 Regulations
  164. 168 Interpretation of Part 3
  165. 169 Consequential and minor repeals
  166. 170 Provision of primary dental services
  167. 171 Dental public health
  168. 172 General dental services contracts
  169. 173 General dental services: transitional
  170. 174 Provision of primary medical services
  171. 175 General medical services contracts
  172. 176 General medical services: transitional
  173. 177 Arrangements under section 28C of the 1977 Act
  174. 178 Abolition of pilot schemes
  175. 179 Persons performing primary medical and dental services
  176. 180 Assistance and support
  177. 181 Abolition of Dental Practice Board
  178. 182 Special Health Authorities
  179. 183 Charges for dental services
  180. 184 Minor and consequential amendments
  181. 185 Replacement of the Welfare Food Schemes: Great Britain
  182. 186 Replacement of the Welfare Food Schemes: Northern Ireland
  183. 187 Appointments to certain health and social care bodies
  184. 188 Appointments to certain health and social care bodies: joint functions
  185. 189 Validity of clearance for employment in certain NHS posts
  186. 190 Abolition of Public Health Laboratory Service Board
  187. 192 Amendment of provision relating to reform of Welsh health authorities
  188. 193 Financial provisions
  189. 194 Interpretation
  190. 195 Orders and regulations
  191. 196 Repeals and revocations
  192. 197 Wales
  193. 198 Isles of Scilly
  194. 199 Commencement
  195. 200 Transitional or transitory provision and savings
  196. 201 Supplementary and consequential provision
  197. 202 Extent
  198. 203 Short title
  199. SCHEDULE 1 Constitution of public benefit corporations
  200. SCHEDULE 2 Independent Regulator of NHS Foundation Trusts
  201. SCHEDULE 3 Transfer of staff
  202. SCHEDULE 4 Amendments relating to NHS foundation trusts
  203. SCHEDULE 6 CHAI: supplementary
  204. SCHEDULE 7 CSCI: supplementary
  205. SCHEDULE 8 CHAI and CSCI: transfers of property and staff, etc
  206. SCHEDULE 9 Part 2: minor and consequential amendments
  207. SCHEDULE 10 Recovery of NHS charges: exempted payments
  208. SCHEDULE 11 Part 4: minor and consequential amendments
  209. SCHEDULE 12 Privy Council appointments
  210. SCHEDULE 13 Amendments consequential on the abolition of the Public Health Laboratory Service Board
  211. SCHEDULE 14 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

211 provisions

165 Power to apply Part 3 to treatment at non-health service hospitals

(1) Regulations may make provision for this Part to apply, with such modifications as may be prescribed, if— (a) a person makes a compensation payment as mentioned in section 150(1)(a), but (b) the person to or in respect of whom the payment is made has— (i) received treatment as a result of the injury at a qualifying hospital under an NHS arrangement, (ii) been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a qualifying hospital for treatment under an NHS arrangement (unless he was dead on arrival at that hospital), or (iii) received treatment as mentioned in sub-paragraph (i) and been provided with NHS ambulance services as mentioned in sub-paragraph (ii), (subject to subsection (2)). (2) Subsection (1)(b) does not apply where the person to or in respect of whom the payment is made receives, or is taken to a hospital for, treatment which would be provided as mentioned in paragraph (a), (b) or (d) of section 150(7) if it were provided at a health service hospital. (3) In subsection (1), “NHS arrangement” means an arrangement or agreement between— (a) the hospital in question or a body responsible for it, and (b) any of the following— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ia) NHS England, (ib) an integrated care board, (ii) a National Health Service trust established under section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 or section 12A of the 1978 Act, (iii) a Local Health Board, (iv) a Health Board or Special Health Board established under section 2 of the 1978 Act, or (v) an NHS foundation trust. (4) Regulations under subsection (1) may include provision excluding the application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such description of case as may be prescribed. (5) In this section “qualifying hospital” means a hospital (within the meaning of section 275(1) of the 2006 Act or section 108(1) of the 1978 Act) which is not a health service hospital.

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167 Regulations

(1) Any power to make regulations conferred by this Part is exercisable— (a) in relation to England and Wales, by the Secretary of State; and (b) in relation to Scotland, by the Scottish Ministers. (2) Regulations under section 157(7) may only be made by the Scottish Ministers with the consent of the Secretary of State.

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168 Interpretation of Part 3

In this Part— “the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29); “compensation payment” has the meaning given in section 150; “health service hospital” means a health service hospital within the meaning of the 2006 Act, the National Health Service (Wales) Act 2006 or the 1978 Act; “injured person” has the meaning given in section 150(1); “NHS ambulance services” means ambulance services provided under section 3(1)(c) of the 2006 Act, section 3(1)(c) of the National Health Service (Wales) Act 2006 or section 45 of the 1978 Act; “NHS treatment” has the meaning given in section 150(7); “prescribed” means prescribed by regulations.

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169 Consequential and minor repeals

(1) The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect. (2) In the Road Traffic Act 1988, in section 161(1), in the definition of “hospital”, paragraph (b) is omitted.

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170 Provision of primary dental services

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171 Dental public health

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172 General dental services contracts

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173 General dental services: transitional

(1) The appropriate authority shall by order make transitional provision in respect of persons who, immediately before the coming into force of section 172, are providing services under section 35 of the 1977 Act (general dental services). (2) An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a general dental services contract with him; and the order may make provision as to the terms of any such contract. (3) An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a contract with him, containing such terms as the order may specify, for the provision of dental services. (4) An order under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the appropriate authority or a person appointed by the authority. (5) An order under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 172), provided that the provision is not as a whole detrimental to the remuneration of the persons to whom it relates. (6) In this section— “appropriate authority” means— the Secretary of State, in relation to England; and the Assembly, in relation to Wales; “general dental services contract” means a contract under section 28K of the 1977 Act (as inserted by section 172(1)).

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174 Provision of primary medical services

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175 General medical services contracts

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176 General medical services: transitional

(1) The appropriate authority shall by order make transitional provision in respect of persons who, immediately before the coming into force of section 175, are providing services under section 29 of the 1977 Act (general medical services). (2) An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a general medical services contract with him; and the order may make provision as to the terms of any such contract. (3) An order under this section may provide that, in such circumstances as the order may prescribe, a Primary Care Trust or Local Health Board must, if any such person so wishes, enter into a contract with him, containing such terms as the order may specify, for the provision of medical services. (4) An order under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the appropriate authority or a person appointed by the authority. (5) An order under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 175), provided that the provision is not as a whole detrimental to the remuneration of the persons to whom it relates. (6) In this section— “appropriate authority” means— the Secretary of State, in relation to England; and the Assembly, in relation to Wales; “general medical services contract” means a contract under section 28Q of the 1977 Act (as inserted by section 175).

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177 Arrangements under section 28C of the 1977 Act

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178 Abolition of pilot schemes

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179 Persons performing primary medical and dental services

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180 Assistance and support

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181 Abolition of Dental Practice Board

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182 Special Health Authorities

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183 Charges for dental services

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184 Minor and consequential amendments

Schedule 11 (which contains minor and consequential amendments relating to this Part) has effect.

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185 Replacement of the Welfare Food Schemes: Great Britain

(1) In the Social Security Act 1988 (c. 7), for section 13 (schemes for the distribution etc of welfare foods), substitute— Benefits under schemes for improving nutrition: pregnant women, mothers and children 13 (1) Regulations may establish one or more schemes to provide benefits for prescribed descriptions of— (a) pregnant women, (b) mothers, and (c) children, with a view to helping and encouraging them to have access to, and to incorporate in their diets, food of a prescribed description. (2) Before establishing, or varying, a scheme the Secretary of State must consult the Scottish Ministers and the National Assembly for Wales (“the Assembly”). (3) A scheme may, in particular, specify requirements that must be satisfied— (a) before a person may become entitled to a benefit; (b) for a beneficiary to remain entitled to a continuing benefit. (4) A scheme may also include provision— (a) for a benefit to consist of food of a prescribed description being provided by— (i) a person who supplies, or arranges for the supply of, food of that description for beneficiaries under the scheme; (ii) a person providing a service (such as day care) for the recipient of the benefit; or (iii) a health service body; (b) for the use of vouchers, or similar arrangements, in connection with the provision of benefits; (c) that a person taking part in the scheme, otherwise than as a beneficiary, must be registered under the scheme; (d) for the payment by the Secretary of State of sums to persons registered in accordance with a provision of a kind mentioned in paragraph (c), in respect of things provided or done by them in accordance with the scheme; (e) for the making of payments to such persons entitled to receive benefits as may be determined by or under the scheme; (f) for the delegation, in accordance with provisions of the scheme, of prescribed functions under the scheme; (g) for the scheme, or prescribed provisions of the scheme, to be administered on behalf of the Secretary of State by such health service body, or other description of body, as may be prescribed; (h) requiring prescribed categories of persons to take reasonable steps to provide— (i) to a person authorised for the purpose in accordance with the scheme, (ii) on production, if required, of evidence of his authority, such information or evidence as may be reasonably needed in connection with administering the scheme. (5) Provision of a kind mentioned in subsection (4)(h) may, in particular— (a) require information or evidence to be provided in a legible form; (b) authorise the taking of copies or making of extracts; (c) require an explanation by the information provider of anything which he has provided; (d) require an information provider to state, to the best of his knowledge and belief, where information or evidence that he has failed to provide is held. (6) The power to prescribe descriptions of food (conferred by subsection (1)) is to be exercised, in relation to the operation of a scheme in Wales, by regulations made by the Assembly. (7) The Secretary of State may give such directions— (a) to a body administering a scheme (or part of a scheme), (b) in relation to matters relating to the operation of the scheme (or that part of the scheme), as he considers appropriate. (8) The Assembly may, with the agreement of the Secretary of State, give such directions— (a) to a body administering a scheme (or part of a scheme), (b) in relation to matters relating to the operation of the scheme (or that part of the scheme) in Wales, as it considers appropriate. (9) A scheme may direct that prescribed enactments relating to the administration of benefit under the Social Security Administration Act 1992 (c. 5) (including enactments relating to offences and criminal proceedings) are to have effect for the purpose of administering the scheme subject to such modifications (if any) as may be prescribed. (10) The Secretary of State may not make a statutory instrument containing the first set of regulations made under subsection (1) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. (11) In this section— “benefit”, in relation to a scheme, means a benefit under the scheme; “children” has such meaning as may be prescribed; “enactment” includes an Act of the Scottish Parliament and a provision made under an enactment; “food” includes vitamins, minerals and other dietary supplements; “health service body” has such meaning as may be prescribed; “information provider” means the person who is required to provide information or, where that person is a body corporate, any person who is, or at any time has been, an officer or employee of the body corporate; “pregnant” includes recently pregnant; “prescribed” means prescribed by regulations; “regulations”, except in subsection (6), means regulations made by the Secretary of State; “scheme” means a scheme made under this section; “women” includes persons under the age of 18. (2) In section 15A of that Act— (a) in subsection (2), after the first “instrument” insert “ made by the Secretary of State ”; and (b) omit subsection (3).

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186 Replacement of the Welfare Food Schemes: Northern Ireland

An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of section 185 above— (a) is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but (b) is subject to annulment in pursuance of a resolution of either House of Parliament.

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187 Appointments to certain health and social care bodies

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Schedule 12 amends certain enactments which provide for appointments to be made to certain bodies by or on the advice of the Privy Council. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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188 Appointments to certain health and social care bodies: joint functions

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189 Validity of clearance for employment in certain NHS posts

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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190 Abolition of Public Health Laboratory Service Board

(1) The Public Health Laboratory Service Board is abolished. (2) Schedule 13 has effect. (3) On the day this section is commenced by order under section 199 the property, rights and liabilities of the Board vest in the Secretary of State.

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192 Amendment of provision relating to reform of Welsh health authorities

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193 Financial provisions

There shall be paid out of money provided by Parliament— (a) any expenditure incurred by the Secretary of State by virtue of this Act; and (b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

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194 Interpretation

In this Act— “the 2006 Act” means the National Health Service Act 2006; “the Assembly” means the National Assembly for Wales.

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195 Orders and regulations

(1) Any order or regulations under this Act— (a) may make different provision for different purposes; and (b) may make incidental, supplementary, consequential, transitory or transitional or saving provision. (2) Any power to make regulations conferred by this Act (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to all those cases subject to exceptions or in relation to any particular case or class of case. (3) Before making any regulations under Part 3 the Secretary of State must consult the Assembly. (4) Any power to make an order or regulations under this Act is exercisable by statutory instrument. (5) The Secretary of State may not make a statutory instrument containing— (a) regulations under section 150(12), (b) the first regulations made under section 26, 35 or 153(2), or (c) an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament), unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. (6) A statutory instrument containing any other order or regulations under this Act made by the Secretary of State (apart from an order under section 22, 25(3), 28 or 199) is subject to annulment in pursuance of a resolution of either House of Parliament. (7) The Scottish Ministers may not make a statutory instrument containing— (a) regulations under section 150(12), (b) the first regulations made under section 153(2), or (c) an order or regulations under this Act making, by virtue of subsection (1)(b) or section 200 or 201, provision which amends or repeals any part of the text of an Act (including an Act of the Scottish Parliament), unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament. (8) A statutory instrument containing any other order or regulations under this Act made by the Scottish Ministers (apart from an order under section 199) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

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196 Repeals and revocations

The enactments mentioned in Schedule 14 (which include provisions of Acts of the Scottish Parliament) are repealed or revoked to the extent specified.

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197 Wales

(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this Act shall (as from the time when the Act is so amended) be treated as referring to that Act as amended by this Act. (2) Subsection (1) does not affect the power to make further Orders varying or omitting any reference to an Act which is amended by this Act.

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198 Isles of Scilly

The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, is to have effect with such modifications as may be specified in the order.

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199 Commencement

(1) Subject to this section— (a) the provisions of Part 1 (except section 1 and Schedule 1) and Parts 2 to 5, and (b) section 196 and Schedule 14, shall come into force on such day as the appropriate authority may by order appoint. (2) The appropriate authority is— (a) in relation to Part 1, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State; (b) in relation to Part 2— (i) for section 42 and Schedule 7, sections 57 and 61, Chapter 5, sections 102 to 105, 110, 112, 116(1), 124, 125, 127, 129, 131, 133, 135, 139 and 141, section 147 and Schedule 9 so far as relating to the Commission for Social Care Inspection, and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State; (ii) for sections 47 and 63, Chapters 4 and 6, sections 109, 116(2), 142 to 145 and section 196 and Schedule 14 so far as relating to those provisions, the Assembly; (iii) for sections 106 to 108, 111, 113, 114, 115, 116(3), 117, section 147 and paragraph 4 of Schedule 9 and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State, in relation to England, and the Assembly, in relation to Wales; and (iv) for the other provisions of the Part, and section 196 and Schedule 14 so far as relating to those provisions, the Secretary of State after consulting the Assembly; (c) in relation to Part 3, and section 196 and Schedule 14 so far as relating to that Part— (i) in relation to England and Wales, the Secretary of State after consulting the Assembly; and (ii) in relation to Scotland, the Scottish Ministers with the consent of the Secretary of State; (d) in relation to section 181, and section 196 and Schedule 14 so far as relating to section 181, the Secretary of State; (e) in relation to the other provisions of Part 4, and section 196 and Schedule 14 so far as relating to those provisions— (i) in relation to England, the Secretary of State; and (ii) in relation to Wales, the Assembly; (f) in relation to Part 5, and section 196 and Schedule 14 so far as relating to that Part, the Secretary of State. (3) Different days may be appointed for different purposes. (4) Subsection (1) does not apply in relation to any provision of this Act so far as it confers power to make an order or regulations, or to section 167, 186 or 192.

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200 Transitional or transitory provision and savings

(1) The appropriate authority may by order make such transitional or transitory provisions and savings as the authority considers appropriate in connection with the coming into force of any provision of this Act. (2) For the purposes of this section “appropriate authority”, in relation to any provision of this Act, means the authority which is the appropriate authority in relation to that provision for the purposes of section 199. (3) An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation. (4) Nothing in any transitional or transitory provisions and savings contained in this Act restricts the power under this section to make other transitional provisions and savings.

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201 Supplementary and consequential provision

(1) The appropriate authority may by order make such supplementary, incidental or consequential provision as he or it thinks appropriate for the purposes of, in consequence of or for giving full effect to any provision of this Act. (2) For the purposes of this section “appropriate authority”, in relation to any provision of this Act, means the authority which is the appropriate authority in relation to that provision for the purposes of section 199. (3) An order under this section may modify any Act (including an Act of the Scottish Parliament) or subordinate legislation. (4) The power under this section is not restricted by any other provision of this Act.

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202 Extent

(1) The amendment or repeal of any provision by this Act has the same extent as the provision being amended or repealed (subject to any express limitation contained in this Act). (2) Subject to that and except as provided below this Act extends to England and Wales only. (3) The following provisions also extend to Scotland— (a) sections 124 and 125; (b) Part 3, except for section 163(3); (c) sections 185, 187 and 188 and Schedule 12; (d) this Part. (4) The following provisions also extend to Northern Ireland— (a) sections 124 and 125; (b) section 186; (c) sections 187, 188 and Schedule 12; (d) this Part.

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203 Short title

This Act may be cited as the Health and Social Care (Community Health and Standards) Act 2003.

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SCHEDULE 2 Independent Regulator of NHS Foundation Trusts

Section 2 Membership 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tenure of office 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration and pensions 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation 5 (1) Sub-paragraph (2) applies where— (a) a person is an active or deferred member of a scheme under section 1 of the Superannuation Act 1972 (c. 11), and (b) he is appointed as chairman. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of functions 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Specific powers 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Finance 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports and other information 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seal and evidence 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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